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Saturday, November 13, 2010

Brewer, Sheriffs weigh in on SB 1070 arguments

Having been dormant for two months, there’s a lot for me to write about.

The funniest thing I saw lately was a “prepared statement” by Arizona Governor Jan Brewer regarding the oral argument in the 9th Circuit Court of Appeals on SB 1070. (The word “prepared” and “Brewer” in the same sentence should almost never be utilized as having no real-life application. If you doubt this, you are cordially invited to view her debate performance on YouTube, which fits into the category of “you just can’t make this shit up”. The only debate in which Brewer would have a sporting chance—on relative merits of public indecency with Pee Wee Herman)

I suppose Brewer’s (and by extension, the people of Arizona’s) lawyers (they obviously wrote the statement) probably know better, but if you are going to pay them good money to verabalize this drivel, they are not going to run out of material. “The health, welfare and safety of the citizens of Arizona are irreparably harmed every day the court allow SB 1070 to be put on hold and the federal government refuses to enforce all immigration laws” the statement said.

Almost as funny was a picture in The Arizona Republic of County Sheriffs Larry Dever, Paul Babeu, and Joe Arpaio watching the hearing live from a law office in Scottsdale (a shock that they have monied, Republican lawyers). What these three clowns are capable of absorbing from watching a courtroom hearing can be well-contained on the head of a pin.

First of all, any good lawyer with any appellate oral argument experience at all can and will tell you not to read too much into the questions or comments from the judges. They cannot be used to predict how the panel will rule.

Second, if you really believe in your heart that there is any scintilla of a chance that a court (any court, even a Supreme Court with 4 Judges by the name of Rehnquist, and 5 Reagan appointees) is going to rule that it is constitutional for Arizona to enact a state law that makes it a crime to be in the country illegally, then you are already so far out in left field that what you think or believe has no relevance to reality anyway. Have fun with it, but I’m guessing you’re going to be complaining in the end that “the judges didn’t even read the law!” (Yikes!!!)

“We as sheriffs have a particular perspective”, said Sheriff Dever. I agree, but would submit that the perspective of which he speaks—total ignorance, combined with lack of compassion for those human beings both in the country illegally, and those of color who are here legally.

Their only other perspective is to get reelected.

If you support SB 1070, you lack confidence, you want to feel good about yourself. Look to your spiritual leader, Russell Pearce, another former cop with a “particular perspective” who sponsored the measure. Pearce said the hearing “went fairly well”. “We know this will survive.”

I rest my case. (hehehehehehehe)

Arpaio called the Justice Department lawsuit a political move. Really? I guess that’s different from the pink underwear, the tent jails with inhumane conditions, and the green bologna. (I figured Arpaio’s side would be the one providing the bologna in this saga.)

The same document that ensures dangerous fascist thinkers like Arpaio and his non-political sheriff buddies will lose this war—the United States Constitution—also ensures the rights of the Neo-Nazi NSM followers who will demonstrate today in Phoenix. (If you don’t or cannot accept this, I suggest you Google “Skokie, Nazi, and First Amendment”.)

If you feel compelled to somehow infringe on the Nazis’ rights, I offer the following—“the freedoms guaranteed by the First Amendment depend on protecting not the speech we love, but the speech we hate.” Think about it.

I’m going to approach the Nazi’s like I feel every other Arizonan taxpayer, citizen, or prospective voter should approach Arpaio and his ilk—I’m going to ignore them.

7 comments:

"The health, welfare and safety of the citizens of Arizona are irreparably harmed every day the court allows SB 1070 to be put on hold and the federal government refuses to enforce all immigration laws”- I did an internship with a large law-firm in PHX (one of the largest- not the State's law-firm - funny and disturbing right? "the State's law-firm") and this is the sort of stuff the interns write for free and then one of the head honchos makes one edit and charges $400 bucks and hour. Snell & W hit the gosh darn jack pot with the crack pots. Welcome back Marty Blair!!

0 = Arizona3 = USA/ Our Constitution/ We the People of the United States

We are a country that is ruled by the Constitution (with all Amendments), and the Declaration of Independence, not by the majority of the day. When the uneducated do not know the principles in these documents, therein lays the problem in losing, so no one should be surprised when the dullards lose in court after being smartly challenged.

Last month of October 2010, our Ninth Circuit Court of Appeals overturned Arizona’s requirement that people show proof of citizenship to register to vote or the 2004, “Prop. 200”. In the month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013″ and “SB1070″ Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

I know the proponents of this law say that the majority approves of these laws, but the majority is not always right. Would women or non-whites have the vote if we listen to the majority of the day, would the non-whites have equal rights (and equal access to churches, housing, restaurants, hotels, retail stores, schools, colleges and yes water fountains) if we listen to the majority of the day? We all know the answer, a resounding, NO! You were all wrong then and you are wrong now!

I hope that every American, regardless of where he lives, will stop and examine his conscience about this and other related incidents. This Nation was founded by people of many nations and backgrounds. It was founded on the principle that all people are created equal, and that the rights of every person are diminished when the rights of one person are threatened. All of us ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated, but this is not the case.

Today we are committed to a worldwide struggle to promote and protect the rights of all who wish to be free. In a time of domestic crisis people of good will and generosity should be able to unite regardless of party or politics and do what is right, not what is just popular with the majority. Some people comprehend discrimination by never have experiencing it in their lives, but the majority will only understand after it happens to them.

@Joen---It's always instructive on the practice of law to see a $400/hr senior partner at a corporate firm score a "mark"...er...a "client" like Jan Brewer and the State of Arizona in this type of case. The partner generally wouldn't touch a police action constitutional argument with a ten-foot pole, so he or she assigns it to the law clerk, who in most cases is the type of person whose life's goal is to turn into the senior partner. They usually have posters of Clarence Thomas taped up on the home-office wall. Biggest loser---state of Arizona taxpayer, biggest winner---law firm, especially senior partner who did nothing but prepare the over-inflated bill while donating his time to the State Bar ethics committee.

You're right on the money as usual Joen. Good to be back, and good to hear from you.

Having said that, I could not agree with your analysis more. It is both compassionate and astute.

The Constitution-thumping majority has no clue that the very document they brandish about in support of their fear-driven and selfish agendas is the very thing that ensures their defeat in the courtroom. As bad as it is, the American judicial system is still the best in the world, as the Arizona "dullards" (I love that word) are finding out the hard way.

The tyranny of the majority generally prevails in the short run, and the bad news is that in the long run, they control the vertical, they control the horizontal.

However, the system set up by the wealthy and monied founding fathers, who were an oppressed minority in revolutionary times, ensures that minority rights will endure regardless of how hard the majority tries to take them away. It's called the Constitution---Sarah Palin's Constitution---a document she has read but whose legal implications are scenarios with which she is unfamiliar---fairness, justice, equality.

@ Anonymous---I'm not exactly sure what this has to do with SB 1070, but I understand that U of Michigan football fans are restless...

Anyways, with all the money Brewer and AZ Republicans spend on publicizing, attempting to enforce, and litigating the illegal law that is SB 1070, they could better put to use scouting and getting UM some better AZ players like Craig Roh and Taylor Lewan. Jan: we could use some defensive help.

Having said that, I have a gut feeling and a hunch that Rodriguez is as good as gone, and that Jim Harbaugh will be named coach shortly after the bowl games conclude.

I should also tell you that I have an inside source working at the U of M Athletic Department; however, he is not exactly a font of information except to tell me that, "this is a really hard ticket to get," and stuff like that.

I happen to think that Rodriguez is a good coach, and I am fine with it if he stays (though he better beat MSU and OSU next year or he's gone for sure), but the signs out there in the universe are pointing towards Harbaugh and a fresh start.

Thought you would like some (obvious, totally predictable) good news: http://www.phoenixnewtimes.com/2010-12-09/news/andrew-thomas-may-end-up-disbarred-but-he-really-belongs-in-a-prison-cell/You can read the detailed recommendation for disbarment (reads more like an indictment) here: http://media.phoenixnewtimes.com/5718397.0.pdf

Meanwhile, the state is rapidly descending in a downward spiral of hate and suspicion. Somehow, conservative voters duped into thinking that legislators give two shits about them, are finding out they just bought the Greatest--excuse me, Lamest Story Ever Sold: http://tucsoncitizen.com/view-from-baja-arizona/2010/11/21/republicans-propose-to-raise-property-taxes-on-homes-a-really-bad-idea/"GOP plan to ease business burden would raise what homeowners owe

PHOENIX — Republican legislative leaders are drawing up plans to shift property taxes now paid by businesses onto the backs of homeowners.

But they say their constituents will understand."

I don't know whether to point and laugh at their utter stupidity, or cry because I'm along for the ride just because I currently reside in Arizona. If the tax increases were for anything valuable (like buttressing our piss poor education from churning out even more dumb Republicans), I would feel better about it. But these property taxes are going into the pockets of the legislators and their cronies, period.

That is the real secret here: SB1070 was fun and secured them some money and attention from groups like FAIR, but the slight of hand lies in taking from the middle class and giving it to themselves and the rich. When people began noticing that these tax breaks WEREN'T creating jobs (such as when Intel, based here and Oregon, decided to build new plants there despite a huge state tax hike on corporations and incomes above $125k -- Arizonans scratched their heads and ignited enough mental horsepower to ask "Wait a dayum minute... the Oregon gubbiment is RAISIN' taxes and Intel still done thousands of new jobs there and not here?"), pointing the finger at illegals did the trick. It's the equivalent to saying, "Hey, look over there, is that Santa?!" to our 3-year-old nephew. The sad thing is, he'll only fall for it a couple times a day. For some highly-entertaining Schadenfreude, watch Arizona Republicans become enraged about being duped and some even still holding out hope that they weren't just swindled by the corrupt slime they voted for: http://dynamic.azstarnet.com/comments/viewcomments.php?id=/news/state-and-regional/article_5376686e-f46b-11df-a1cc-001cc4c002e0.html&h=Property-tax%20plan%20puts%20onus%20on%20homes

Hatemonger of the Senate, Russell Pearce, has recused himself from sponsoring the state bill to deny Constitutional guarantees of jus soli, the same bill he touted pre-November on every Faux News program he could get on. Gee, isn't that convenient?

Here is a working paper I came across that helps explain the dynamic of modern institutionalized bigotry, especially of the under-informed electorate; it has so much applicability to Arizonans: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1449784